Legal Opinion
Besson v. . Southard
New York Court of Appeals
Decided June 5, 1851PublishedCited by 46 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] To maintain this action it was incumbent on the plaintiff to prove that he had been sued by the defendant, as alleged, maliciously and without probable cause; for if there was probable cause for such suit, although it was maliciously commenced, the action could not be sustained. Want of probable cause and malice must concur. The…
2Cases cited2 opinions
- Masten v. DeyoNew York Supreme Court · 1829
- Hall v. SuydamNew York Supreme Court · 1849
3Cited by46 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- People v. OdenNew York Court of Appeals · 1975
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- People Ex Rel. Hirschberg v. Board of SupervisorsNew York Court of Appeals · 1929
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
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